||All England Reporter
|| All ER (D) 01 (Sep)
|| EWCA Crim 1632
||Court of Appeal, Criminal Division
Treacy and Flaux JJ
||David Hall (assigned by the Registrar of Criminal Appeals) for the defendant.
||21 June 2007
Sentence - Imprisonment - Length of sentence - Trial judge imposing sentence in excess of recommended starting point notwithstanding absence of specified aggravating features - Whether sentence manifestly excessive.
Sentence Imprisonment. The mere fact that a particular case attracted a certain starting point for the purpose of sentencing did not mean that that was the sentence to be passed. It was for the judge to tailor his sentence to the case having taken account of the appropriate guidelines. Where the defendant had been convicted of one count of rape and sentenced to six years' imprisonment notwithstanding a starting point of five years and a lack of specified aggravating features, that sentence was held, in the particular circumstances of the instant case, to have been properly open to the trial judge. It was not manifestly excessive and, accordingly, the defendant's appeal was dismissed.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Cases related to this particular case that are related to, or discuss this caseView related cases
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary